will be given up
irrevocably to African slavery. Nor is the limitation of the right of
a sovereign State to fix its own boundaries, which involves the right
to acquire territory, consistent with its honor in peace, or
compatible with its dignity and necessities in time of war. The
American people are fully forewarned that it is unwise to rely upon
constitutional prohibitions against the acquisition of territory; nor
can such prohibitions always withstand the assaults of a determined
and desperate majority when acting in harmony with the tendencies of
public opinion, and the real or supposed necessities of the country.
With these views, and with this experience in mind, the undersigned
did not regard with favor the provisions contained in the second
section of the proposed article of amendment. It is also to be
observed that by this section territory may be acquired for _naval and
commercial stations, depots, and transit routes_, without a resort to
the treaty-making power. These provisions seem to be broad enough to
permit the summary annexation of Cuba, and portions of Central America
and Mexico, by a simple law or joint resolution of Congress.
Thus, these two sections considered together, furnished no additional
securities against territorial acquisitions, while they effectually
established and protected slavery in all territory, present and
future, south of the parallel 36 deg. 30' north latitude. By the first
section, the common law was to be so changed, that a condition of
slavery would be assumed in regard to all the African race within the
Territories, and the laws of the several slave States would be
enforced against all persons of that race who might be carried from
the existing slave States into the Territories. The language is
ambiguous, but this interpretation seems to be warranted; and, in the
opinion of the undersigned, the courts would render an interpretation
adequate to the result just indicated. It is thus seen that the only
method of establishing and protecting slavery in the Territories, is
to provide for the execution, within their limits, of the laws of the
several slave States.
This section also incorporates into the Constitution of the United
States the existing laws and usages of New Mexico relating to slavery,
and renders them irrepealable during the territorial condition.
By the second section, the Senators are divided into two classes,
those who represent the slaveholding, and those
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